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TTAB Finds "FYBY" for Silkscreening Services Confusingly Similar to "FUBU" Clothing Mark

By John L. Welch

Another pro se trademark crusader kicked the TTABucket in his lonely quest for the Holy Grail of trademark registration. The Board deep-sixed the application of Guy R. Wilson, Jr., of Hoschton, Georgia, to register the mark shown immediately below, for "silk screen painting on clothing." It found his mark likely to cause confusion with Opposer's mark FUBU, used and registered for various clothing items. GTFM, Inc. v. Wilson, Opposition No. 91170761 (December 27, 2007) [not precedential].The Board began by finding that Applicant's mark is dominated by the letters FYBY. [Applicant Wilson shot himself in the foot right at the git-go when he conceded same in his answer to the notice of opposition.] The design of Wilson's mark was not sufficient to distinguish it from the mark FUBU...continue to full post

Full post as published by The TTABlog on January 11, 2008 (boomark / email).